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The Honolulu Advertiser
Posted on: Tuesday, June 20, 2006

60 to get foreclosure notices

By Eloise Aguiar
Advertiser Staff Writer

Honolulu is giving notice to 60 of its worst building and zoning code violators that they could lose their property to foreclosure.

Mike Friedel, the city's code compliance chief, is sending foreclosure notices to half of the 120 worst offenders. He cites violations that have gone unresolved for years and, in some cases, for decades. Such violations, he said, are tallying fines ranging from $250,000 to $1 million.

Foreclosure is a new option for the city, which previously attached fines to property taxes, driver's license renewals, building permits and vehicular registration. This year, the Legislature took away the city's ability to attach fines to property taxes and instead allows the city to place a lien on properties.

The city Department of Planning and Permitting intends to step up efforts forcing compliance or payment, Friedel said. Among the cases of zoning code violation are a Makakilo resident who refuses to clean up his property and a Ma'ili family that has been living in tents and illegal structures since their homes burned down in the mid-1990s.

Friedel said he didn't know the total of outstanding fines, but described it as "off the chart." Still, he said, collecting fines is not the top priority.

"We've always maintained that our objective is compliance," he said. "We're not trying to seek revenue."

Upon correction of a zoning violation, city officials are typically willing to negotiate a reduction in fines, Friedel said.

Among the violations are building and grading without permits, failing to tend to overgrown vegetation on vacant land, and illegal uses of property such as in cases in Waimanalo where some agricultural lots are used as base yards and in Kailua where some residential homes are used as vacation rentals.

The city recently started issuing fines of $1,000 a day to property owners illegally using homes for vacation rentals, and $500 a day for illegal uses of agricultural land. One Lanikai property has accrued $98,000 in fines since March.

Joe Correa, of Waimanalo, said the city should impose a moratorium on fines and work with the state to find a solution for the base yards issue in the Waimanalo community.

"The city should spend its money to help us resolve our problems" rather than impose fines, Correa said. "There's a lot of people in the same boat, and it's unfair to target a few when this problem will continue on into the future until it gets resolved."

Powell Berger, spokeswoman for Kokua Coalition, which is seeking changes to the law pertaining to vacation units and an increase in their number, said she was unaware of the foreclosure option.

"It would be sad if it went that route, because I think there are solutions here and that's not a solution," Berger said. "That's just tying up more precious city resources. I'd rather we came up with real solutions and not be punitive."

But Don Bremner, with the Keep It Kailua! group that has worked with the city to identify illegal vacation rental units, said foreclosure will be a good tool to enforce the law.

"It tells them the city means business," Bremner said.

Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com.